Legal Question in Landlord & Tenant Law in Texas

tenent evection asap

I have a tentent on a month to month rental lease. She never pays on time but always comes up with an excuse this month she still hasn't payed .I want her out by the first of next month (Feb) if possible. She won't return phone calls and is hard to get a hold of. She knows I'm in a bind when she dosen'y pay so she pays on the date she chooses and I'm am just relieved to get anything. What are the rules to evection on month to month renting? Can I have her out since she hasen't payed for Jan.?


Asked on 1/22/06, 12:02 am

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: tenent evection asap

If she has not paid rent, under the property code, you can give her three days written notice to vacate. If she is not out by that time, you can file with the Justice of the Peace for an eviction. You will probably not be able to get her out by February 1, but soon thereafter since eviction moves (or is supposed to) on an expedited track. When you file the eviction, they will tell you when the Court date is - which will be in about 7-10 days. After the eviction, assuming you win, she still has five days to move out or to appeal. If she does not appeal, on the sixth day you can obtain a writ of possession which will be served by an constable who can set all her possession out.

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Answered on 1/23/06, 1:14 pm


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